accused, the indicated mechanism of documentation is not properly used by the doctors of the
establishments. This finding is based on the following data: In 2020, 37 defendants entering the
penitentiary establishments indicated that they had received injuries after the arrest, while 40 defendants
indicated that injuries had been received at the time of the arrest.94 In the mentioned 77 cases, taken into
account that the injuries had been received during a detainee being under the police control, regardless
of whether or not the person reported ill-treatment, the doctor still had sufficient preconditions for
suspicion. Despite this, out of the mentioned 77cases only 10 cases were documented and 67 cases
remained beyond proper attention.
In this regard the information provided by the State Inspector of Georgia on the facts of violence against
prisoners is interesting. In particular, according to the information provided, in connection with the
alleged fact of physical and/or psychological violence against prisoners by penitentiary staff in 2020, an
investigation was launched into 30 criminal cases. The investigation of 25 of the 30 cases was based on
information received from the application/complaint sent by the prisoner. This indicates that these
detainees were allegedly subjected to violence in penitentiary establishments, although they did not
contact the institution's doctors to establish the facts of the violence or the doctors did not/could not
detect any cases of violence95. Thus, for example, according to one of the convicts in the N6 penitentiary
facility, after the physical violence against him by the employees of the facility, he was injured. Within
minutes of the violence, staff arranged his meeting with facility's doctor, which they also attended
themselves and told the doctor not to report any injuries. After this incident, the convict was in the deescalation room for about 6 days and periodically requested a meeting with a doctor to describe his
injuries, although the doctor did not come to him. Moreover, in one case, a prisoner in the N8 penitentiary
facility explained that he had suffered injuries after being physically abused by the facility staff, although
the facility's medical staff refused to document the injuries.
In the opinion of the Public Defender, the fact that the alleged violence in penitentiary institutions are not
documented in accordance with the above-mentioned rule significantly hinders their investigation. In
particular, in most cases, the reports to the State Inspector Office in the form of a statement/complaint is
delayed, which makes it difficult to find evidence related to the case. For example: the State Inspector's
Office could not receive video recordings of 6 criminal cases from the Special Penitentiary Service, as the
time of keeping the video recordings had expired at the time of receiving the reports: in 4 cases it was
one month and in 2 cases it was 5 days. In the 8 criminal cases, a medical examination could not be
ordered because the alleged victims no longer had injuries and the injuries were not documented by the
doctor.96 In the above cases, due to the late receipt of the reports, the Inspector's Office was unable to
obtain neutral evidence.
Letter №287296/01 of December 3, 2020 and letter №19225/01 of January 27, 2021 of the Medical Department of the
Special Penitentiary Service of the Ministry of Justice of Georgia.
95 Accordingly, the prisoners provided information to the investigating authority without applying to the above mechanism.
96 Letter of the State Inspector of December 8, 2020 SIS 2 20 00020027.
94
47
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